r to declare them; and need not take care
before-hand, what hee shall Judge; for it shall bee given him what hee
shall say concerning the Fact, by Witnesses; and what hee shall say in
point of Law, from those that shall in their pleadings shew it, and by
authority interpret it upon the place. The Lords of Parlament in England
were Judges, and most difficult causes have been heard and determined
by them; yet few of them were much versed in the study of the Lawes,
and fewer had made profession of them: and though they consulted with
Lawyers, that were appointed to be present there for that purpose; yet
they alone had the authority of giving Sentence. In like manner, in
the ordinary trialls of Right, Twelve men of the common People, are the
Judges, and give Sentence, not onely of the Fact, but of the Right; and
pronounce simply for the Complaynant, or for the Defendant; that is to
say, are Judges not onely of the Fact, but also of the Right: and in a
question of crime, not onely determine whether done, or not done; but
also whether it be Murder, Homicide, Felony, Assault, and the like,
which are determinations of Law: but because they are not supposed to
know the Law of themselves, there is one that hath Authority to enforme
them of it, in the particular case they are to Judge of. But yet if they
judge not according to that he tells them, they are not subject thereby
to any penalty; unlesse it be made appear, they did it against their
consciences, or had been corrupted by reward. The things that make
a good Judge, or good Interpreter of the Lawes, are, first A Right
Understanding of that principall Law of Nature called Equity; which
depending not on the reading of other mens Writings, but on the
goodnesse of a mans own naturall Reason, and Meditation, is presumed
to be in those most, that have had most leisure, and had the most
inclination to meditate thereon. Secondly, Contempt Of Unnecessary
Riches, and Preferments. Thirdly, To Be Able In Judgement To Devest
Himselfe Of All Feare, Anger, Hatred, Love, And Compassion. Fourthly,
and lastly, Patience To Heare; Diligent Attention In Hearing; And Memory
To Retain, Digest And Apply What He Hath Heard.

Divisions Of Law

The difference and division of the Lawes, has been made in divers
manners, according to the different methods, of those men that have
written of them. For it is a thing that dependeth not on Nature, but on
the scope of the Writer; and is subservient to e